This appeal of Nathu Singh and Rajvir Singh, both sons of Sardar Singh, is directed against the judgment and order dated 10-6-1980 passed by Sri S. N. Saxena, IIIrd Addl. Sessions Judge, Badaun convicting appellant Nathu Singh under Section 302, I. P. C. and sentencing him to undergo R. I. for life and convicting appellant Rajvir Singh under Section 332/34, I. P. C. and sentencing him to undergo R. I. for life.

2. The deceased Dhianpal Singh and the appellants are closely related. The pedigree of the family showing closeness of relation is quoted as under:

a

Mulayam Singh Sardar Singh

Mahavir Singh Udaivir Singh Nathu Singh Rajvir Singh

(Accused) (Accused)

Krishnapal Singh

Shripal Singh Dhianpal Singh

(Complainant) (Deceased)

Deceased Dhianpal Singh was related as Sadhu of appellant Nathi Singh. Nathu Singh had taken a loan of Rs. 2,000 from Dhianpal, deceased about a year back. The relations between the decease appellants were not strained. The taking of loan by Nathu Singh was shown to be on the basis of any receipt. Nathu Singh had ton back the amount writhing two months but he had not been able to On the date of occurrence i. e. 26-6-1978 at about 10 a. m. in vi